79R955 SLO-D
By: Shapleigh S.B. No. 70
A BILL TO BE ENTITLED
AN ACT
relating to the provision of a preference in governmental
purchasing decisions for vendors that provide health benefits to
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.031(b), Education Code, is amended to
read as follows:
(b) Except as provided by this subchapter, in determining to
whom to award a contract, the district may consider:
(1) the purchase price;
(2) the reputation of the vendor and of the vendor's
goods or services;
(3) the quality of the vendor's goods or services;
(4) the extent to which the goods or services meet the
district's needs;
(5) the vendor's past relationship with the district;
(6) the impact on the ability of the district to comply
with laws and rules relating to historically underutilized
businesses;
(7) the total long-term cost to the district to
acquire the vendor's goods or services; [and]
(8) whether the vendor provides health benefits
coverage to employees; and
(9) any other relevant factor specifically listed in
the request for bids or proposals.
SECTION 2. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.0421 to read as follows:
Sec. 44.0421. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
BENEFITS COVERAGE. (a) A district procuring goods or services
shall give preference to goods or services of a vendor that
demonstrates that the vendor provides health benefits coverage to
the vendor's employees if:
(1) the goods or services meet district specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not demonstrate that the vendor provides health
benefits coverage to the vendor's employees.
(b) A district may not give preference under Subsection (a)
to a vendor that provides health benefits coverage to its employees
over a vendor with 50 or fewer employees that does not provide
health benefits coverage to its employees.
SECTION 3. Section 2155.074(b), Government Code, is amended
to read as follows:
(b) In determining the best value for the state, the
purchase price and whether the goods or services meet
specifications are the most important considerations. However, the
commission or other state agency may, subject to Subsection (c) and
Section 2155.075, consider other relevant factors, including:
(1) installation costs;
(2) life cycle costs;
(3) the quality and reliability of the goods and
services;
(4) the delivery terms;
(5) indicators of probable vendor performance under
the contract such as past vendor performance, the vendor's
financial resources and ability to perform, the vendor's experience
or demonstrated capability and responsibility, and the vendor's
ability to provide reliable maintenance agreements and support;
(6) the cost of any employee training associated with
a purchase;
(7) the effect of a purchase on agency productivity;
(8) the vendor's anticipated economic impact to the
state or a subdivision of the state, including potential tax
revenue and employment;
(9) whether the vendor provides health benefits
coverage to employees; and
(10) [(9)] other factors relevant to determining the
best value for the state in the context of a particular purchase.
SECTION 4. Subchapter H, Chapter 2155, Government Code, is
amended by adding Section 2155.452 to read as follows:
Sec. 2155.452. PREFERENCE FOR VENDORS THAT PROVIDE HEALTH
BENEFITS COVERAGE. (a) The commission and all state agencies
procuring goods or services shall give preference to goods or
services of a vendor that demonstrates that the vendor provides
health benefits coverage to the vendor's employees if:
(1) the goods or services meet state specifications
regarding quantity and quality; and
(2) the cost of the good or service does not exceed the
cost of other similar goods or services that are produced by a
vendor that does not demonstrate that the vendor provides health
benefits coverage to the vendor's employees.
(b) The commission or a state agency may not give preference
under Subsection (a) to a vendor that provides health benefits
coverage to its employees over a vendor with 50 or fewer employees
that does not provide health benefits coverage to its employees.
SECTION 5. Section 44.0421, Education Code, and Section
2155.452, Government Code, as added by this Act, apply only to a
contract for the procurement of goods and services for which the
solicitation of bids or proposals, request for proposals, or
similar required notification as to the goods or services is
published on or after September 1, 2005. A contract for the
procurement of goods and services for which the solicitation of
bids or proposals, request for proposals, or similar required
notification as to the goods or services is published before
September 1, 2005, is governed by the law in effect at the time the
solicitation, request, or notification is published, and that law
is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2005.